High Court of Gujarat

ASGAR ABDULHUSSEN ABULI (LOKHANWALA)versusSTATE OF GUJARAT

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: GITA GOPI

Holding

A criminal appeal abates and is disposed of upon the death of the appellant.

Summary

The appellant, Asgar Abdulhusain Abuli, died on 12 January 2026, as verified by a police report and a statement from his brother. The High Court noted the appellant's death and considered the effect on Criminal Appeal No. 214 of 2013. The court applied the principle that a criminal appeal abates upon the death of the appellant. Consequently, the appeal was disposed of as abated. The matter was adjourned for hearing of any remaining issues on 4 May 2026.

Issues considered

What is the effect of the appellant's death on the pending criminal appeal?

Subjects

criminal appealabatementdeath of appellantHigh Court of Gujaratprocedural law

Judgment

     R/CR.A/214/2013                          ORDER DATED: 02/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 214 of 2013
                             With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
                           3 of 2014
             In R/CRIMINAL APPEAL NO. 214 of 2013
                             With
              R/CRIMINAL APPEAL NO. 1835 of 2012
                             With
              R/CRIMINAL APPEAL NO. 1909 of 2012
                             With
               R/CRIMINAL APPEAL NO. 55 of 2013
                             With
               R/CRIMINAL APPEAL NO. 56 of 2013
                             With
               R/CRIMINAL APPEAL NO. 386 of 2013
                             With
               R/CRIMINAL APPEAL NO. 734 of 2013
==========================================================
               ASGAR ABDULHUSSEN ABULI (LOKHANWALA)
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR EKANT G AHUJA(5323) for the Appellant(s) No. 1
PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                          Date : 02/03/2026

                           ORAL ORDER


1.    Death of the appellant – Asgar Abdulhusain Abuli

(Lokhandwala) in Criminal Appeal No.214 of 2013 is

verified and the report of Assistant Sub-Inspector, Godhra

City “B” Division Police Station is produced on record,



                              Page 1 of 2
          R/CR.A/214/2013                                                   ORDER DATED: 02/03/2026




  which states that the said appellant has expired on

  12.01.2026.                 The        statement               of       Abbas           Abulhusain

  Lokhandwala i.e. brother of the deceased was recorded on

  26.02.2026, confirming the said fact.


  2.       In view of the above, Criminal Appeal No.214 of

  2013 is disposed of, as abated as the said appellant has

  already died. Rest of the matters be listed for hearing on

  04.05.2026.

                                                                                         (GITA GOPI,J)
  PARMAR KRISH/30




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR KRISH(HC02348), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 02/03/2026 15:55:02




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